How to Motion for an Evidentiary Hearing in Utah
- 1). Review the evidence to be used in the case. In order to increase the likelihood of being granted a motion hearing, there must be a real dispute between the parties over evidence in a criminal or civil lawsuit. In the civil context, evidence that could be hearsay, prejudicial or inappropriate character evidence may be eligible for an evidentiary hearing. In the criminal context, the Fourth Amendment is often implicated with respect to police searches and seizures. Contraband uncovered in a search is often the subject of an evidentiary hearing as defendants will commonly contend that the property was uncovered in violation of constitutional rights.
- 2). Research the applicable Utah law. A court will not entertain an evidentiary motion if it is not supported by applicable state law. Motions must include the Utah standard for admission of evidence depending on the type of evidence to be admitted and whether the hearing is criminal or civil. For instance, in a motion to suppress evidence uncovered in a police search, the prosecution must satisfy the court that the police had probable cause to search the house; otherwise, the evidence might be excluded.
- 3). Draft a motion to the court. Before an evidentiary hearing can be held, both sides must submit written motions detailing their respective legal arguments. The motion must clearly identify both parties as well as the docket number for the case in question. The first section of the motion must detail the facts surrounding the motion. The second section must clearly list Utah law as applied to the situation. The last section of the motion should connect the facts of the case with state law to conclude that the motion should be granted or denied.
- 4). Review the arguments raised by the opposing counsel thoroughly to prepare for the hearing. At an evidentiary hearing, the judge will ask questions of both sides to develop the arguments. By knowing the opposing argument clearly, a party will be able to clearly articulate his position and why the court should hold in his favor.
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